Jurisdictional Immunity of International Institutions in Nigeria: An Appraisal

Nigerian Bar Journal, Vol. 6, No. 1, pp. 68-84, 2010

15 Pages Posted: 3 Aug 2011 Last revised: 3 Mar 2014

See all articles by Emmanuel Kolawole Oke

Emmanuel Kolawole Oke

Edinburgh Law School, University of Edinnburgh

Folarin Abiodun Philip

University of Lagos - Faculty of Law

Date Written: July 1, 2010

Abstract

Functional necessity appears to be the basis of the immunity usually accorded international institutions under international law. However, there is an emerging consensus that since international institutions are accorded legal personality under international law they should also be ready to accept the duties and responsibilities imposed on subjects of international law. It appears that the Nigerian courts are now reluctant to grant immunity to international institutions especially when the matter involves commercial agreements. The Nigerian courts justify this position by relying on the doctrine of restrictive immunity applicable to sovereign states when engaged in commercial transactions. The approach of the Nigerian courts is obviously an attempt to meet the ends of justice by preventing a situation where international institutions hide under the cloak of immunity to evade their legal responsibilities.

Suggested Citation

Oke, Emmanuel Kolawole and Philip, Folarin Abiodun, Jurisdictional Immunity of International Institutions in Nigeria: An Appraisal (July 1, 2010). Nigerian Bar Journal, Vol. 6, No. 1, pp. 68-84, 2010, Available at SSRN: https://ssrn.com/abstract=1904310

Emmanuel Kolawole Oke (Contact Author)

Edinburgh Law School, University of Edinnburgh ( email )

Old College
South Bridge
Edinburgh, Scotland EH8 9JY
United Kingdom

HOME PAGE: http://www.emmanueloke.com

Folarin Abiodun Philip

University of Lagos - Faculty of Law ( email )

Nigeria

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